The Executive Engineer Purna Medicum Project Division Achalpur Amravati v. Vishnu Govind Shingore And Others

caf4538.2019 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.4538/2019 IN FIRST APPEAL NO. 1043/2019 [Executive Engineer, Purna Medium Project, Achalpur Division Vs. Vishnu Govind Shingore & Ors.) -------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________________________________ Mrs. Pranita P. Choube, Advocate for applicant/appellant Mrs. Prajakta Chaudhary, Advocate h/f Shri Abhay Sambre, Advocate for the respondent nos. 1 to 5 Shri N. S. Rao, AGP for the respondent nos. 6 and 7 CORAM : M. G. GIRATKAR, J.

DATE : 10/02/2020 Heard Mrs. Pranita Choube, learned Advocate for the applicant/appellant. Looking to the grounds, permission is granted to file private paper book. Office to accept the same.

The application is disposed.

CIVIL APPLICATION (CAF) NO. 4537/2019 Heard Advocate Mrs. Prajakta Chaudhary holding for Shri Abhay Sambre, Advocate for the applicants/respondent nos. 1 to 5 and Shri N.S. Rao, learned AGP for respondent nos. 6 & 7.

It is submitted by Advocate Mrs. Chaudhary that in similar matter i.e. in First Appeal No. 515/2016, this Court has permitted the land owners/respondents to

caf4538.2019 .odt withdraw 50% amount on furnishing usual undertaking and remaining amount subject to furnishing solvent surety. In the said order the respondent no. 2, power of attorney holder of other respondents, was permitted to withdraw the amount.

Hence, respondent no. 2 being a power of attorney holder of respondent nos. 1, 3 and 4 is permitted to withdraw 50% amount of enhanced compensation on furnishing usual undertaking and remaining 50% amount is permitted to be withdrawn by him subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial). JUDGE C.R. Khobragade